Claimant v Mr A Goodrich and Openmart Ltd — 2023

At the preliminary hearing on 5 July 2022, Employment Judge R S Drake recorded that there had been no attendance by the claimant. The judge was satisfied that the notice of hearing had been sent to the address nominated by the claimant, and noted a prior order of 9 March 2022 requiring the claimant to particularise the alleged less favourable treatment on grounds of age and race, including the dates, the person alleged to have perpetrated it, and the comparator relied on.

An unless order dated 9 June 2022 provided that the race and age discrimination claims would stand dismissed if the claimant did not comply by 23 June 2022. The judge considered the claimant's email of 23 June 2022 and found that it did not provide the required particulars and did no more than restate the ET1. The judgment states that the race and age discrimination claims therefore stood as dismissed automatically.

The judge also directed on 5 July 2022 that the claimant provide further and better information about her constructive dismissal claim and her claims for allegedly unpaid holiday pay and wages by 26 July 2022, again on an unless basis. The claimant did not reply in compliance with that order, or with the earlier orders, and did not respond to the direction to show cause why the claims should not be struck out for non-compliance and lack of active pursuit. The formal judgment therefore states that all claims, as against both respondents, are struck out.